Ordinance 212 Waterway Control OrdinanceORDINANCE N0. 212-70
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
LICENSING AND REGULATING THE OPERATION OF BOATS; PROVIDING FOR THE
SAFETY AND COMFORT OF PERSONS USING WATERWAYS; REQUIRING CLEANLINESS AT
DOCKS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEAC}i,
FLORIDA:
Section 1. Short Title. This Ordinance shall be known
and may be cited as the "North Palm Beach Boat Control Ordinance."
Section 2. Definitions. For the purposes of this
Ordinance the following terms, phrases, words, and their deriva-
tions shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the
future, words in the plural number include the singular, and
the words in the singular number include the plural number. The
' word "shall" is always mandatory and not merely directory.
(1) "Boat" is any watercraft, including seaplanes
when not air-borne, in or upon, or docked or moored at any place
in any waterway within the boundaries of the Village.
(2) "Village" is the Village of North Palm Beach,
Florida.
(3) "Waterway" is any waters, waterway, lake, river,
tributary, canal, lagoon or connecting waters within the boundaries
of the Village.
Section 3. License Compliance. No person shall operate
a boat unless properly licensed as required by applicable State and
Federal laws and regulations.
Section 4. U. S. Coast Guard ReQUlations. No person
shall operate a boat which does not meet all applicable equipment
requirements of the United States Coast Guard.
Section 5. Reckless Operation. No person shall operate
a boat in a reckless manner, or at an excessive rate of speed so
as to endanger, or be likely to endanger, the life or property
oi' any person, having due regard for the presence of other boats,
or persons, or other objects in or on a waterway. Nor shall any
such person operate any boat at a rate of speed which causes
waves to damage docks, wharves, seawalls, or boats moored to
docks or wharves along a waterway.
Section 6. Speed Limit. No person shall operate a boat
at a speed in excess of five miles an hour in any of the waterways
within the corporate limits of the Village, with the exceptions of the
waters of Lake Worth and the Intracoastal Waterway, except in cases of
fire or extreme emergency.
Section 7. Exhibition Boats Exempted. The provisions of
this Ordinance shall not be construed to prohibit the running of racing
or exhibition boats, muffled or unmuffled, during a publicly announced,
' properly authorized and supervised and adequately patrolled regatta or
speed trial or exhib ition.
Section 8. Operating Under Influence of Alcoholic Beverages
and Narcotics. No person shall operate a boat while under the influence
of intoxicating liquor, narcotic drugs or opia tes.
Section 9. Muffler Required. No person shall operate a
boat with outboard motor or with inboard motor unless equipped with an
adequately muffled exhaust. Nor shall any such person use any siren
or other noise producing or noise amplifying instrument on a boat
in such a manner that the peace and good order of the neighborhood
is disturbed. Provided, however, that nothing in this Ordinance
shall be construed to prohibit the use of whistles, bells or horns
as signals as required by the United States Motorboat Act or other
Federal law for the safe navigation of motorboats or vessels.
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Section 10. Water Skiing. No person shall water ski in
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any of the waterways located within the corporate limits of the
Village. Nor shall any person operate any boat for towing a person
on water skis in any of the waterways located within the corporate
limits of the Village. Provided, however, that nothing in this
Ordinance shall be construed to prohibit water skiing in the waters of
Lake Worth or the Intracoastal Waterway.
Section 11. Disturbing Other Boats. No person shall operate
a boat in such a manner as to unjustifiably or unnecessarily annoy or
frighten or endanger the occupants of any other boat, or throw up a
dangerous wake when approaching another boat.
Section 12. Use of Searchlights. No person operating a boat
shall use searchlights indiscriminately or in such manner as to annoy
or disturb other persons or boats.
Section 13. Abandoned Boats. Every boat in a waterway
which is abandoned or unseaworthy, or sinks, grounds, or becomes
otherwise disabled, is hereby declared to be a nuisance and the
person in charge thereof shall abate such nuisance within ten days
after notice from the Director of Public Safety.
Section 14. Authority to Board. Any member of the Department
of Public Safety shall have authority to board any boat in violation
of this Ordinance, or which becomes a menace to navigation, and move
or cause it to be moved to another location and he shall have the right
to hold such boat for the payment of costs incurred in its removal
or storage.
Section 15. Lights During Nighttime. No person in charge
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of any boat in operation in any waterway or moored at any wharf, dock or
pier shall allow the same to operate or to remain during the nighttime
unless properly lighted in compliance with any applicable U. S. Coast
Guard regulations.
Section 16. Mooring at Private Docks Without Permission.
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No person shall moor a boat to a private sea wall or dock or beach it
upon private property within the Village without the permission of the
owner thereof.
Section 17. Boats to Observe Village Health and Conduct
' Rules. Persons in charge of or occupying boats docked at or moored
to land, docks, piers or wharves abutting waterways shall observe all
the health and sanitary regulations of the Village, and all ordinances
oi' the Village relating to the conduct of persons and prohibiting acts
cot~irary to public health, morals, safety or public peace.
Section 18. Cleanliness of Docks. Persons in charge of or
occupying boats shall at all times keep the docks, sea walls, and
premises adjacent to such watercraft in a neat and orderly manner
and free from trash, rubbish, repair parts, machinery, equipment and
debris of all kinds.
Section 19. Garbage Disposal. No person in charge of or
' occupying a boat shall dump or throw garbage, paper, bottles, cans,
refuse or debris into waterways. Persons in charge of boats moored or
docked in the waterways shall provide garbage cans of sufficient size
to hold garbage and refuse.
Section 20. Hours for Running Engines in Residential
llistricts. No person shall run or operate any boat engine for the
purpose of charging batteries, running auxiliary equipment or testing
between the hours of 10:OO,p.m. and 8:00 a.m.
Section 21. Penalties. Violation of any provision of this
Ordinance shall be punished by a fine not exceeding five hundred dollars
or imprisonment for a term not exceeding sixty days, or by both such
fine and imprisonment.
PLACED ON FIRST READING THIS 9TH DAY OF JULY, 1970.
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PLACED ON SECOND, FINAL READING AND PASSED THIS 13TH DAY OF AUGUST,
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1970.
/s/ Thomas R. Bell
VICE-MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
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